The 37.5-hour workweek: what’s true and what’s not (as things stand today)
Status as of September 2026
The 37.5-hour workweek is not in force in the private sector. The legal maximum is still 40 hours per week.
The bill was rejected in Congress and, as things stand, no new law has been approved.
Few topics have caused as much confusion for companies as the reduction of the working week. Between headlines, drafts and announcements, many organisations aren’t sure what they actually have to comply with. Let’s set the record straight, separating fact from fiction.
What happened with the working-time reduction
Cutting the working week to 37.5 hours with no loss of pay was one of the headline labour proposals of recent years. Here’s the path it has taken, in brief:
- December 2024The Government and the unions reach an agreement to reduce the working week to 37.5 hours.
- May 2025The Council of Ministers approves the bill and sends it to Congress.
- September 2025Congress rejects the bill through wholesale amendments. The measure falls.
- 2026No new bill has been approved and there is no expected start date for the private sector.
Myths and facts
No. The law was never passed. The legal maximum is still 40 hours per week on an annual average.
Not certain either. The measure fell, but the Government could reintroduce it with a new bill. It’s worth staying alert, without taking on obligations that don’t exist today.
Yes, but through their collective bargaining agreement, not this law. Many agreements set lower annual hours. Your actual working time is set by your agreement and your contract.
Correct, but that’s a different sphere. The state public sector moved to a 35-hour week in 2026. This does not affect private companies.
Yes. Daily time recording has been mandatory since 2019, regardless of the length of the working day. More on this below.
Which working week applies to your company today
Your employees’ working hours are not set by a headline, but by this hierarchy:
| Reference | What it sets today |
|---|---|
| Workers’ Statute (art. 34) | Maximum of 40 hours per week, averaged over the year. |
| Your collective agreement | May set lower annual hours. This is usually what makes the difference. |
| The employment contract | May agree more favourable terms for the employee. |
| State public sector | 35 hours per week (2026). Does not apply to the private sector. |
And where does time recording stand?
It’s important not to mix up two things that are moving on separate tracks. The working-time reduction fell; the digital time record is moving forward separately, through a royal decree.
Today, the obligation to record each employee’s working day daily — start and end times — and to keep those records available for the Labour Inspectorate remains fully in force. What’s being processed is its digitalisation and remote access for the Inspectorate, but the duty to record is not new: it has existed since 2019 and failing to comply carries penalties.
What your company should do now
- Don’t take on obligations that don’t exist. There’s no need to cut the week to 37.5 hours “to get ahead”. It isn’t mandatory in the private sector today.
- Check your collective agreement. That’s where your real annual working time is. It’s what you actually need to comply with and monitor.
- Get your time recording in order. Make sure you’re recording working time correctly today; it will be the basis if digitalisation arrives tomorrow.
- Stay informed, sensibly. If the reduction is revived, you’ll have time to adapt. Preparing with reliable data avoids rushed decisions.
Note: employment law is constantly evolving. The information in this article reflects the situation as of September 2026. Before making decisions, always confirm the current legal position with your advisor.Frequently asked questions
Is it mandatory to work 37.5 hours in 2026?
Not in the private sector. The law was rejected and the legal maximum is still 40 hours per week.
So why does my company work fewer than 40 hours?
Almost certainly because of your collective agreement or your contract, which can set lower hours. That’s independent of the 37.5-hour law.
Could the reduction be approved again?
It’s possible. The Government could table a new bill, but it would need parliamentary support. Right now there’s no date and no law in force.
Is time recording still mandatory?
Yes. It has been mandatory since 2019 and doesn’t depend on the working-time reduction. What’s being processed is its digitalisation.
Unsure which working week applies to your team?
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